Senate Bill sb7026pb

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7026

    FOR CONSIDERATION By the Committee on Government Efficiency
    Appropriations




    593-466-06

  1                      A bill to be entitled

  2         An act relating to property taxation; amending

  3         s. 193.155, F.S.; providing conditions under

  4         which changes, additions, or improvements that

  5         replace all or a portion of homestead property

  6         damaged or destroyed by misfortune or calamity

  7         shall not be assessed at just value; providing

  8         for assessment of replaced homestead property;

  9         amending s. 196.031, F.S.; providing conditions

10         under which homestead property that is damaged

11         or destroyed by misfortune or calamity and is

12         uninhabitable on January 1 after the damage or

13         destruction occurs may be granted the homestead

14         exemption; providing for retroactive

15         application; providing an effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Subsection (4) of section 193.155, Florida

20  Statutes, is amended to read:

21         193.155  Homestead assessments.--Homestead property

22  shall be assessed at just value as of January 1, 1994.

23  Property receiving the homestead exemption after January 1,

24  1994, shall be assessed at just value as of January 1 of the

25  year in which the property receives the exemption.

26         (4)(a)  Except as provided in paragraph (b), changes,

27  additions, or improvements to homestead property shall be

28  assessed at just value as of the first January 1 after the

29  changes, additions, or improvements are substantially

30  completed.

31  

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7026
    593-466-06




 1         (b)  Changes, additions, or improvements that replace

 2  all or do not include replacement of a portion of real

 3  property damaged or destroyed by misfortune or calamity shall

 4  not increase the assessed value when the square footage of the

 5  homestead property as changed or improved does not exceed 110

 6  percent of the square footage of the property before the

 7  damage or destruction just value of the damaged or destroyed

 8  portion as replaced is not more than 125 percent of the just

 9  value of the damaged or destroyed portion. Assessed value

10  shall be increased by the just value of that portion of the

11  changed or improved homestead property any replaced real

12  property, or portion thereof, which is in excess of 110 125

13  percent of the square footage of the homestead before the

14  damage or destruction just value of the damaged or destroyed

15  property shall be deemed to be a change, addition, or

16  improvement. Homestead Replaced real property damaged or

17  destroyed by misfortunes or calamity which has a square

18  footage with a just value of less than 100 percent of the

19  original property's total square footage before the damage or

20  destruction just value shall be assessed pursuant to

21  subsection (5). For purposes of determining assessed value

22  pursuant to this paragraph, the just value of the changed or

23  improved portion in excess of 110 percent of the square

24  footage before the damage or destruction shall be determined

25  based on the average just value of all square footage in the

26  improved portions of the homestead property determined as of

27  January 1 of the year following the change or improvement.

28         (c)  Changes, additions, or improvements include

29  improvements made to common areas or other improvements made

30  to property other than to the homestead property by the owner

31  or by an owner association, which improvements directly

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7026
    593-466-06




 1  benefit the homestead property. Such changes, additions, or

 2  improvements shall be assessed at just value, and the just

 3  value shall be apportioned among the parcels benefiting from

 4  the improvement.

 5         Section 2.  Subsection (7) is added to section 196.031,

 6  Florida Statutes, to read:

 7         196.031  Exemption of homesteads.--

 8         (7)  When homestead property is damaged or destroyed by

 9  misfortune or calamity and the property is uninhabitable on

10  January 1 after the damage or destruction occurs, the

11  homestead exemption may be granted if the property is

12  otherwise qualified and if the property owner notifies the

13  property appraiser that he or she intends to repair or rebuild

14  the property and live in it as his or her primary residence

15  after it is repaired or rebuilt and does not claim a homestead

16  exemption on any other property or otherwise violate this

17  section while the repairs are being made.

18         Section 3.  This act shall take effect upon becoming a

19  law and shall apply retroactively to January 1, 2006.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Revises the requirements for assessing the value of
      homestead property that is changed or improved following
24    damage or destruction. Provides for the assessed value to
      be increased by the just value of that portion of the
25    improved property which exceeds 110 percent of the former
      square footage of the property. Provides for a property
26    owner to claim the homestead exemption for property that
      the owner intends to repair or rebuild and live in as a
27    residence.

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